Legal Issues Workshop

Spring 2010

Legal Considerations Overview

OwnershipOwnership Copyright Issues Copyright Issues (& Licensing)(& Licensing)

ContractsContracts ReleasesReleases ClearancesClearances

Ownership

ScriptScriptWork-for-HireWork-for-HireOriginalOriginalStory RightsStory RightsCopyright vs. WGA RegistrationCopyright vs. WGA Registration

www.wga.orgwww.wga.org

Copyright Issues

MusicMusic OriginalOriginal LicensedLicensed

Sync Rights – to sync the music to pixSync Rights – to sync the music to pixPerformance Rights – to show the piece Performance Rights – to show the piece

to an audienceto an audienceMaster Recording License – to use a Master Recording License – to use a

recordingrecordingMechanical Rights – to reproduce & sell Mechanical Rights – to reproduce & sell

copiescopies

Finding Copyrighted Music

www.ascap.cowww.ascap.comm

www.bmi.comwww.bmi.com

Copyright Issues Fair UseFair Use

Purpose of the use (commerical or Purpose of the use (commerical or private)private)

Nature of the workNature of the work Amount of the portion you useAmount of the portion you use Effect of the use on the value of the Effect of the use on the value of the

originaloriginal TrademarkTrademark Public DomainPublic Domain

Public Domain

Before 1923Before 1923 is in PDis in PD

1923 to 19501923 to 1950 may not be PDmay not be PDUnless original term expired before Unless original term expired before

1978 & was not renewed.1978 & was not renewed.

After 1950After 1950 not in PDnot in PD

Contracts

Independent ContractorsIndependent Contractors

Assignment of Rights (script)Assignment of Rights (script)

Assignment of Rights (music)Assignment of Rights (music)

Film PermitsFilm Permits

Theatrical PermitsTheatrical Permits

Stock FootageStock Footage

Contracts

Creative Works Rights PolicyCreative Works Rights Policy All Regent University students, staff and All Regent University students, staff and

faculty agree that all right, title and interest faculty agree that all right, title and interest in all medium now known or later discovered, in all medium now known or later discovered, throughout the world are automatically throughout the world are automatically assigned and transferred to Regent assigned and transferred to Regent University. This includes, but is not limited University. This includes, but is not limited to, the copyright in and to any Project. to, the copyright in and to any Project.

Rights License Form – to revert Rights License Form – to revert rights back to the studentrights back to the student

Releases

Script ReleaseScript Release Assignment of RightsAssignment of Rights

Talent ReleaseTalent Release

Crowd ReleasesCrowd Releases

Location ReleasesLocation Releases

Product PlacementProduct Placement

Clearances

Title of Project: Executive Producer:Phone:E-mail:

Today’s Date: Student Producer:Phone:Email:

Type of Project: (class, Adv. Motion Picture, Multi-cam) Screenwriter:Phone:E-mail:

Intended Distribution: Contact Info:

Locale of Story: Time of Story:

Clearances Cast names that have first and last Cast names that have first and last

namesnames Business namesBusiness names Product namesProduct names Organization namesOrganization names Fine artworkFine artwork PhotographsPhotographs Book coversBook covers Magazine coversMagazine covers NewspapersNewspapers WallpaperWallpaper

Clearances BeddingBedding PostersPosters Copyrighted materialCopyrighted material Trademarked materialTrademarked material Stock footageStock footage Film ClipsFilm Clips Television ClipsTelevision Clips Portrayals of any well-known personalities Portrayals of any well-known personalities

or government officersor government officers Derogatory referencesDerogatory references Telephone numbersTelephone numbers

Clearances – Other Considerations

Is this story fictional or based on fact Is this story fictional or based on fact or based on another source (book, or based on another source (book, etc.)etc.)

If the story is based on actual If the story is based on actual events, you need to research the events, you need to research the following source material:following source material: Newspaper reports, books, articles, Newspaper reports, books, articles,

court transcripts, interviews with court transcripts, interviews with witnesses, etc. as applicable.witnesses, etc. as applicable.

Public Domain

..Date of Work Term

1978 and after Life + 70 years

Before 1923 None

Published 1923-63 28 years w/ 67 year renewal

If not renewed, public domain

Published 1964-77 28 years + 67 years

Created but not Life + 70 years or

published before 1978 12-31-02 whichever is greater

Created before 1978 Life + 70 years or

published between 12-31-2047, whichever is greater.

1978 and 12-31-2002